A writ petition seeking the implementation of a favorable order after an unexplained delay of over a decade, characterized by a lack of diligence in pursuing the cause, is hit by the doctrine of delay and laches and is not maintainable.

Whether approved for reporting?

1¹Whether reporters of the local papers may be allowed to see the judgment? Yes

Ajay Mohan Goel, Judge (Oral

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) That the respondent department may kindly be directed policy at Government Senior secondary School Khudi-Khahan Tehsil Sarkaghat District Mandi H.P. against the post of Lecturer of History or any other nearest schools such post is lying vacant within a time bound period with all consequential benefits in the interest of justice and fair play.

(ii) That the respondent state may kindly be directed to re-engage the petitioners to the place of their original posting or in any other school w.e.f. the date of the termination. The directions may kin dly be passed to take the services of the petitioners under government contract and regularize the services of the petitioners as per policy applicable alontg with all the consequential reliefs.”

2. Learned counsel for the petitioner submitted that in the present case, the petitioner was appointed as a Lecturer (History) in Government Senior Secondary School, Khudi Kahan, Tehsil Sarkaghat, District Mandi, H.P., on 21.05.2007 on P.T.Ah basis. Her services were terminated on 25.03.2009. On g24.05.2014, a notification was issued by the Department i concerned, in terms whereof, all those P.T.A Teachers who were engaged in between the year 2006 and 2008 under the Grant-in-Aid P.T.A Policy, 2006, were to be reinstated if their disengagement was on account of the joining of regular incumbents. The petitioner preferred an appeal in terms of this notification before the Inquiry Committee and as per order dated 28.09.2015 (Annexure P-3), her appeal was accepted and a copy of the order was sent to GSSS Khudi Kahan, Tehsil Sarkaghat, District Mandi, H.P., with direction to reengage the applicant as a P.T.A Teacher. Her grievance is that till date this order has not been complied with.

3. Learned counsel for the petitioner submitted that a mandamus be issued to the Authorities to reengage the petitioner in terms of Annexure P-3. No other point was urged.

4. Learned Aduditional Advocate General has taken a preliminary objectoion with regard to the maintainability of the petition on thCe ground of gross delays and laches.

5. In rebuttal, learned counsel for the petitioner referred to the representations appended with the petition.

6. Having heard learned counsel for the petitioner as also learned Additional Advocate General and having carefully gone through the averments made in the writ petition as well as documents appended therewith, this Court concurs with the submission of learned Additional Advocate General that the present petition is hit by gross delays and laches.

7. The order passed by the Appellate Authority in favour of the petitioner is dated 28.09.2015. In terms of the representations, which have been appended by the petitioner along-with the writ petition, it transpires that the petitioner firstly made a representation to the Authorities on 20.02.2016, then again after a gap of three years on 27.03.2019, then again after a gap of four years on 16.04.2023 and now immediately preceding the filing of the petition on 20.02.2026.

8. This Court is of the considered view that the petitioner should have uapproached the appropriate Fora for the implementation oof Annexure P-3, either immediately after the passing of Cthe said order or within some reasonable time. Approaching the High Court after, a decade for the implementation of the or